Public Trustee, Public and Official Guardian
What is the Office of the Public Trustee, Public and Official Guardian?
The Office of the Public Trustee, Public and Official Guardian is a provincial office established to protect the interests of some of the most vulnerable people in Prince Edward Island. The Office operates in accordance with the Public Guardian and Trustee Act and Adult Guardianship and Trusteeship Act.
Our goal is to safeguard and uphold the legal, financial, personal, and health care interests of individuals who require assistance with decision-making and who do not have a suitable or willing family member or other person able to act on their behalf.
Who is the Public Guardian and Public Trustee?
The Public Trustee is a public official appointed under the Public Guardian and Trustee Act. In appropriate circumstances, the Public Guardian and Trustee may be appointed by the court to act as a guardian, a trustee, or both guardian and trustee.
The Public Guardian and Trustee acts as an office of last resort, becoming involved only when no other appropriate substitute decision-maker is available or able to act.
What is Guardianship?
Under the Adult Guardianship and Trusteeship Act, guardianship relates to personal matters, such as health care, living arrangements, and other non-financial decisions.
A court may appoint a guardian where an adult lacks capacity to make decisions about personal matters and less intrusive alternatives are not sufficient. Guardianship orders are limited to those areas necessary to meet the person’s needs and are subject to court oversight and review.
What is Trusteeship?
Trusteeship relates to financial matters, including managing money, property, investments, and other assets.
A court may appoint a trustee where an adult lacks capacity to make decisions about financial matters and other support is not adequate. The trustee’s authority is defined by the court and exercised in accordance with statutory duties and oversight requirements.
Who is the Official Guardian?
The Official Guardian is a statutory role carried out by the Public Guardian and Trustee.
In this capacity, the Official Guardian may act as a litigation guardian for minors and for adults who lack capacity to conduct or participate in legal proceedings and who do not have another suitable person able to act for them.
The Official Guardian may also be required to review and approve certain settlements or legal matters involving minors or people under disability, as directed by statute or the Rules of Court, to ensure that the person’s interests are properly protected. The Official Guardian may also manage funds on behalf of minors or adults with disabilities.
When may the Public Guardian and Trustee become involved?
The Public Guardian and Trustee may be appointed by the court when a person lacks capacity to make decisions about personal and/or financial matters, is at risk of harm, neglect, or financial loss, and does not have a suitable family member, friend, or other trusted person who is willing and able to act.
Family members and other trusted individuals are encouraged to apply to act as guardians or trustees where appropriate. The Public Guardian and Trustee is intended to serve only when no such options are available.
What services does the Office provide?
Depending on the circumstances and the authority granted by the Court, the Office may manage property and financial matters, make personal and health care decisions, administer estates, act as a litigation guardian, and review settlement funds payable to minors or persons under disability.
In all cases, the Office must act in accordance with statutory principles, including respecting the person’s wishes and values where known, encouraging independence, and using the least intrusive and restrictive measures possible.
Working with clients and others
In carrying out duties under the legislation, staff work closely with clients, any known family members, care providers, and service organizations where appropriate. The objective is always to protect the individual while supporting dignity, autonomy, and participation in decision-making to the greatest extent possible.
What the Office cannot do?
The Office does not mediate family disputes, investigate allegations of abuse or neglect, or replace the role of police or adult protection services. Where concerns arise, individuals will be referred to the appropriate authority or service.
Is there a cost for services?
Fees may be charged to an estate or trust in accordance with the Public Guardian and Trustee Regulations.
Related legislations
Public Guardian and Trustee Act
Public Guardian and Trustee Regulations
Adult Guardianship and Trusteeship Act
Adult Guardianship and Trusteeship Regulations
Who can I contact for more information?
Office of the Public Trustee, Public and Official Guardian
1 Harbourside Access Road
PO Box 2000, Charlottetown
Prince Edward Island
Canada, C1A 7N8
Phone: (902) 368-6281
Fax: (902) 368-5335